Chicago Hospital Risk Pooling Program v. Illinois State Medical Inter-Insurance Exchange 

Hospital Risk Pool sued insurer for equitable contribution and equitable subrogation to recover portion of settlement it made on behalf of physician in malpractice suit, and insurer counterclaimed to recover its defense costs. Court improperly granted summary judgment for Risk Pool on its equitable subrogation claim against insurer, as Risk Pool had relinquished its right to recover in subrogation given totality of its affirmative conduct. Once physician sought coverage exclusively from Risk Pool, the Risk Pool had the sole responsibility to defend and indemnify physician, and insurer had duty for standby coverage in event Risk Pool refused to defend. Thus, error for court to have awarded insurer only half of its defense costs, because Risk Pool wrongly refused insurer's tender.